Family Court and Supreme Court in New York

Two courts can hear custody and support cases

New York splits family matters between two trial courts. The Family Court hears paternity, custody, visitation, child support, spousal support and orders of protection, along with child protective, adoption, guardianship and juvenile cases. Divorce cases are heard in the Supreme Court.

According to the court system's CourtHelp pages, the Family Court may decide custody, visitation, child support and spousal support before a divorce case is filed in Supreme Court. If the parents are married and getting divorced, custody can instead be decided as part of the divorce in Supreme Court, and the custody order becomes part of the divorce judgment.

Where Family Court cases are filed

There is a Family Court in every county in New York. CourtHelp says cases are usually filed in the county where the child lives, and that a petition is usually filed in the county where the child lives or where the petitioner or respondent lives. A custody petition specifically should be filed in the county where the child lives.

• Filing fee: CourtHelp states that it is free to file a case in Family Court.
• Privacy: Family Court case records are not open to public inspection.
• No juries: There are no juries in Family Court. A judge or support magistrate hears both sides and decides the case.
• Help Centers: CourtHelp says every Family Court has a Help Center where you can get information. Staff cannot prepare your case for you.

How Family Court gets its power over custody

Family Court Act § 651 gives the Family Court jurisdiction over custody and visitation in two ways. A case can be started in Family Court (§ 651(b)), including applications by grandparents for visitation or custody. A case can also be referred from the Supreme Court to the Family Court (§ 651(a)). Either way, the Family Court decides custody under Domestic Relations Law § 240 with the same powers the Supreme Court has.

Family Court Act § 652 covers custody orders that came out of a divorce, separation or annulment in Supreme Court. Unless the Supreme Court's order or judgment says it may be enforced or modified only in Supreme Court, the Family Court may hear an application to enforce it, or to modify it on a showing of a subsequent change of circumstances.

Who decides your case

• Judge. Most Family Court hearings are in front of a judge, who decides custody and visitation based on the best interests of the child.
• Court Attorney-Referee. CourtHelp notes that in New York City a Court Attorney-Referee may decide a custody or visitation case.
• Support Magistrate. Support magistrates hear support and paternity cases. Under Family Court Act § 439(a), support magistrates cannot decide custody, visitation, orders of protection and certain other issues; those go to a judge.

Starting a case

Most Family Court cases start with a petition. When it is filed, the clerk assigns a docket number and prints a summons that tells everyone when and where to appear. CourtHelp explains that papers can be filed in person at the Family Court, sent electronically through the court's EDDS system, or e-filed through NYSCEF where that is available. Ask the clerk which options your county uses.

Read the CourtHelp page on starting a Family Court case and the guides below for each step.